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  80R8004 JJT-F
 
  By: Straus H.B. No. 3242
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to this state's goal for electric energy efficiency.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 39.905, Utilities Code, is amended by
amending Subsections (a) and (b) and adding Subsection (g) to read
as follows:
       (a)  It is the goal of the legislature that:
             (1)  electric utilities will administer energy savings
incentive programs in a market-neutral, nondiscriminatory manner
but will not offer underlying competitive services;
             (2)  all customers, in all customer classes, have a
choice of and access to energy efficiency alternatives and other
choices from the market that allow each customer to reduce energy
consumption, peak demand, or energy costs; [and]
             (3)  each electric utility will provide, through
market-based standard offer programs or limited, targeted,
market-transformation programs, incentives sufficient for retail
electric providers and competitive energy service providers to
acquire additional cost-effective energy efficiency equivalent to
at least 10 percent of the electric utility's annual growth in
demand from residential and small commercial customers; and
             (4)  the commission ensures the development of
cost-effective and market-based load response programs.
       (b)  The commission shall provide oversight and adopt rules
and procedures, as necessary, to ensure that the utilities can
achieve the goal of this section. The commission shall ensure that
costs associated with programs provided under this section are
borne by the customers who receive services under the programs.
       (g)  The commission and the comptroller jointly by rule shall
develop a program through which customers may receive a refund of
not more than three percent of the taxes the customer paid for
electric services taxable under Chapter 151, Tax Code. To be
eligible for the program, a customer may not participate in a
program under Subsection (a)(3) and must engage in energy
efficiency measures that reduce electric energy consumption,
increase the efficiency of electric energy production, or reduce
peak demand. Rules adopted under this section must provide for a
tax refund for energy efficiency measures described by this
subsection that were taken on or after January 1, 2005.
       SECTION 2.  This Act takes effect September 1, 2007.